ENFORCE35870

• Permit No: C1989074
• IBM Index Class Name: Enforcement
• Doc Name: PERMITEE FOR THE RIMROCK MINE CDMG PN C-89-074 NOV C-95-015
• From: DMG
• To: RIMROCK COAL CO
• Violation No.: CV1995015
• Media Type: D
• Archive: No

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DIVISION OF MINERALS AND GEOLOGY
Department of Natural Resources
1313 Sherman SI., Room 215
Denver, Colorado 80203
Phone: [phone]
FA%: 1307) 832-8106
Mr. Geoffrey Waters
Rimrock Coal Company
1063 Quince Avenue
Boulder, Colorado 80304
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STATE OF COLORADO
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DEPARTMENT OF
NATURAL
RESOURCES
Roy Romer
Governor
Re: Permittee for the Rimrock Mine, CDMG Permit No. C-89-074
Notice of Violation No. C-95-015
Dear Mr. Waters:
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Executive Director
Michael B. Long
Division Director
As a result of investigation into the dissolution of the Rimrock Coal Company, the Division
has determined that the Rimrock Mine permit is out of compliance with the Colorado
Surface Coal Mining and Reclamation Act and Regulations. As a result the Division issued
a Notice of Violation to Rimrock Coal Company on May 22, 1995. This Notice was sent
via certified mail to the address listed in the permit as Rimrock Coal Company's legal
address. Mr. Lenhart's office failed to forward this Notice on to an appropriate
representative of the former Rimrock Coal Company. The Notice of Violation was returned
to the Division and is now being sent to you as the only known address representing the
Rimrock Coal Company.
The Colorado Regulations state in Section 2.08.6(1) that;
No transfer, assignment, or sale of the rights granted under any permit issued
pursuant to the Act shall be made without the prior written approval of the Division
pursuant to 2.08.6(4).
Confirmation with the Colorado Secretary of State's Office confirms that the articles of
dissolution were fled on July 25, 1994, with the effective date on December 2, 1994. The
Division was not notified of this occurrence by Rimrock Coal Company. In our telephone
conversation on May 18, 1995 you stated that you were under the impression that all the
legal transfers had taken place and that Landmark Reclamation was now the permittee.
Rimrock Coal Company had not filed a Request for Transfer of Coal Permit, nor has the
Division issued a written findings to allow for transfer of the permit rights. Landmark
Reclamation is the operator but is not the permittee.
It is my understanding that Mr. Mark Kerr has been in contact with you to obtain transfer
of the permit. Mr. Kerr submitted an application for transfer of the permit but, your
signature, as representative of Rimrock Coal Company, was not an original with an original
notary seal. In order for this application to be valid we must have an original signature.